CFRA and FMLA: keeping your job

CFRA gives 12 weeks of job-protected bonding leave at employers with five or more workers. FMLA is the federal version for employers of 50 or more.

What it is

The California Family Rights Act (CFRA) holds your job while you bond with a new baby. It gives 12 weeks of unpaid, job-protected leave in the baby's first year at any employer with five or more employees. You qualify after 12 months and 1,250 hours there. The Civil Rights Department (CRD) enforces it. For a birthing mother, CFRA bonding comes on top of PDL. The federal FMLA is similar but only covers employers with 50 or more; the U.S. Department of Labor enforces it. For the mother, FMLA runs at the same time as PDL, so it is used up during recovery.

What's typical

A qualifying mother gets PDL for recovery, then 12 weeks of CFRA for bonding. Her partner gets 12 weeks of CFRA at their own job; since 2021 two parents at one employer each get their own 12 weeks.

What's known

The small-employer gap is the usual problem. Under five employees, there is no PDL or CFRA, only SDI and PFL pay. Legal Aid at Work and A Better Balance run free helplines.

What helps

Count your eligibility: hire date, hours in the last year, employer size in the state.
Give notice in writing, with dates, and keep a copy.

When to call someone

Nowyou are fired or demoted while on leave or right after asking. Call the CRD or Legal Aid at Work the same day.
Todayyour employer says you have no leave rights; a free helpline can tell you in one call.
At your next visitask your provider to confirm your PDL end date so you know when CFRA starts.

Who helps

Family and community resourcesOB-GYNMidwife

Tools: Postpartum Prep Checklist · My Birth Team

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Sources

California Civil Rights Department — California Family Rights Act fact sheet
U.S. Department of Labor, Wage and Hour Division — FMLA fact sheet 28
Legal Aid at Work — CFRA and FMLA for new parents
A Better Balance — California state leave rights guide

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